"Clear Collusion Between Officials & Encroachers": Calcutta HC Imposes ₹1 Lakh Costs On KMC In Plea Against Illegal Conversion Of Waterbodies

The Calcutta High Court has recently taken exception to the conduct of the Kolkata Municipal Corporation & its officials who were allegedly unwilling to curb the illegal conversion of water bodies or restore water bodies which had been illegally filled up. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya was seized of a PIL moved by the Nayabad Save...

High Court Urges State Govt To Consider Modernising & Restoring Tram Services In Kolkata Through Public-Private Partnership Model

The Calcutta High Court on Monday directed the State to consider the possibility of modernising and restoring the city's tram services on select routes which would have the approval of various authorities, including the police. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya suggested the state consider restoring tram services through a public-private...

Classification Of Private & Public Companies In Excise Rules For Exemption From Payment Of License Fee Is Ultra Vires The Constitution: Calcutta High Court

The Calcutta High Court has recently directed the West Bengal State Excise Department to refund a sum of approximately Rs 92 lakhs to the Kenilworth Hotel Private Limited, which were levied as excise fees for 'change in management' upon the death or retirement of a member.In striking off the 'unconstitutional and discriminatory provisions' under the Excise Rules, which allowed for the levy...

Plea In Calcutta High Court Seeks Action Against Author Arundhati Roy For Saying 'India Is Becoming A Hindu Fascist Enterprise'

The Calcutta High Court on Monday heard a plea against author Arundhati Roy, for alleged statements made by her to Middle-Eastern media house, Al Jazeera. Petitioner claimed that Roy had given an interview to Al Jazeera where she had claimed that 'India was becoming a fascist Hindu enterprise.'In observing that the plea had not been effectively served on the respondents, a division bench of...

Not Essential Criterion For Election: Calcutta High Court Dismisses Plea Against BJP MLA For Allegedly Falsifying Educational Qualifications

The Calcutta High Court has recently held that the election of a candidate as a Member of the Legislative Assembly (MLA), cannot be set aside on the ground of alleged irregularities in declaring his educational qualifications. The Court was seized of a plea moved by Trinamool Congress (TMC) MLA Gopal Seth, against Bharatiya Janata Party (BJP) MLA Swapan Majumdar, alleging that the latter...

Calcutta High Court Dismisses Plea For Appointing Arbitrator, Says Time-Barred Claim Cannot Be Resurrected By S.43(4) Of A&C Act

The Calcutta High Court has recently held that Section 43(4) of the Arbitration & Conciliation Act, 1996, (1996 Act) must defer to the provisions of the Limitation Act and that the period of limitation cannot be extended to create a new window after the expiry of the limitation.In dismissing a plea for appointment of an arbitrator under Section 11 of the Act as time-barred, a single bench...

Calcutta High Court Allows Appeal Against Single Bench Order Partially Upholding Arbitral Award In Favour Of Reliance Infrastructure Limited

The Calcutta High Court has recently admitted appeals against an order which partially upheld an arbitral award in favour of Reliance Infrastructure Limited ("RIL") against Damodar Valley Corporation ("DVC").A division bench of Justice IP Mukherji and Justice Biswaroop Chowdhury admitted appeals preferred by both DVC and RIL, against the judgement of a single judge which had partially upheld...

Calcutta High Court Extends Police Protection To Family Of Congress Worker Killed In Panchayat Poll Violence Upon Finding They Were Being Threatened By Accused

The Calcutta High Court has extended the police protection granted to the family of an Indian National Congress worker who was allegedly killed by members and workers of the ruling political dispensation.In a plea by the slain worker's wife, a single bench of Justice Jay Sengupta directed the local police authorities to ensure the safety of the petitioner, upon noting from mobile tower...

'Political Outfits Of Different Hues Entitled To Level Playing Field': Calcutta High Court Allows Public Meeting In Purba Medinipur

The Calcutta High Court has allowed a plea seeking to hold a public meeting, upon noting that organisations, including political parties of different hues, are entitled to a level playing field. A single bench of Justice Jay Sengupta observed that while citizens possessed the right to peacefully assemble under the Constitution, the same would be subject to reasonable restrictions. It said:It...

High Court Declines Interim Order To Stop Goat Slaughter On 'Bolla Kali Puja,' To Decide Larger Question On Validity Of Animal Sacrifice In West Bengal

The Calcutta High Court has refused to pass any interim orders prohibiting the slaughter of goats at 'Bolla Kali Mata Temple' in North Dinajpur, on the occasion of 'Bolla Kali Puja 2023.'Earlier, a PIL was mentioned before a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya challenging the vires of animal sacrifice in the name of god, in West Bengal, and...

Calcutta High Court Monthly Digest: November 2023 [Citations 325- 338]

NOMINAL INDEXDamodar Valley Corporation v BLA Projects Pvt Ltd 2023 LiveLaw (Cal) 325In the matter of: Sanjay Kashyap & Anr 2023 LiveLaw (Cal) 326Babu Mondal & Ors. vs The State of West Bengal 2023 LiveLaw (Cal) 327Arnab Roy v State of WB & Ors with another connected application 2023 LiveLaw (Cal) 328M/s. Kayal Construction Vs. The State of West Bengal & Ors 2023 LiveLaw...

Maybe 'Pawn' In Family Dispute: Calcutta High Court Sets Aside Rape Conviction, Says Victims Can't Always Be Considered 'Sterling Witnesses'

The Calcutta High Court has recently allowed an appeal by an accused, who had been sentenced to seven years of imprisonment for the offence of rape, and a further one year of imprisonment for house trespass, along with a fine. In allowing the appeal, while casting doubt over the prosecution case and the account of the witnesses, a single bench of Justice Ananya Bandopadhyay held:Victim of...